PEOPLE v. VELASCO MORALES (2025)

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Rockland County (Kevin F. Russo, J.), dated February 6, 2024, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

In this proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6–C;  hereinafter SORA), the County Court, after a hearing, assessed the defendant 85 points on the risk assessment instrument and designated him a level two sex offender.

The defendant's contention, in effect, that the County Court improperly assessed 15 points under risk factor 11 is unpreserved for appellate review, since he did not object to the assessment of these points at the SORA hearing (see People v. Melendez, 210 A.D.3d 1121, 1122, 179 N.Y.S.3d 311;  People v. Bethel, 165 A.D.3d 712, 713, 85 N.Y.S.3d 96).  In any event, this contention is without merit.

The defendant's contention that he is entitled to a downward departure based on purported mitigating factors is also unpreserved for appellate review because he did not request a downward departure at the SORA hearing (see People v. Pomavilla–Loja, 230 A.D.3d 1359, 1359, 217 N.Y.S.3d 246;  People v. Valencia, 225 A.D.3d 637, 638, 206 N.Y.S.3d 181).  In any event, the defendant failed to establish that a downward departure was warranted (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701;  People v. Wyatt, 89 A.D.3d 112, 128, 931 N.Y.S.2d 85).

Accordingly, the County Court properly designated the defendant a level two sex offender.

DILLON, J.P., CONNOLLY, CHRISTOPHER and WARHIT, JJ., concur.